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Tax
Our experienced Tax legal team regularly publishes articles and
updates - the full list of publications appears below. Our publications will
keep you abreast of today's complex taxations laws and the latest GST
developments that could affect your business. If you'd like to be notified when
we add new tax publications to the site, please go to our
subscription page to sign up for email alerts or,
alternatively, you can subscribe to our RSS feed.
Read about Allens Arthur Robinson's experience in taxation.
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The Federal Government recently introduced a Bill that proposes changes to the GST margin scheme provisions. Partner Peter Allen and Senior Associate Marc Johnston analyse the main proposed change |
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The High Court recently handed down its judgments in two cases concerning the right of taxpayers to challenge decisions of the Commissioner of Taxation. Partner Malcolm Stephens, Senior Associate Chris Peadon and Lawyer Pouyan Afshar of our Tax Dispute Group discuss the effect of these decisions |
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The Board of Taxation has begun a review of the legal framework for the administration of GST after announcements by the Federal Government on 11 June 2008. The review will seek ways to reduce compliance costs and to streamline and improve the operation of GST in Australia. Partner Ross Stitt and Lawyer Pouyan Afshar report on the Board of Taxation's issues paper on this issue |
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In a welcome move, the Federal Government has released draft amendments to Division 6C of the Income Tax Assessment Act 1936 and called for final submissions by 14 August 2008. Partner Charles Armitage and Senior Associate Thomas McAuliffe looks at what the proposed amendments mean |
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The Federal Government announced changes in the 2008-09 federal Budget to the withholding tax rules applicable to certain distributions from Australian managed investment trusts. Legislation to implement these changes has now come into operation. Partner Peter Allen and Senior Associate Katrina Parkyn report |
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The Inspector-General of Taxation has released a report that makes recommendations for the improvement of the Tax Office's administration of GST audits of large taxpayers. Partner Ross Stitt, Senior Associate Chris Peadon and Lawyer Pouyan Afshar discuss the report's recommendations |
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The High Court has handed down its first decision involving the interpretation of a substantive GST issue: whether GST was payable on the forfeiture of a deposit paid under a land sale contract. The decision is likely to create uncertainty for both the Commissioner of Taxation and taxpayers, including where a forfeited deposit has been retained if the underlying transaction would not have generated a GST liability |
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In the second part of our two-part series on changes to stamp duty across Australia, Partner Adrian Chek and Senior Associate Katrina Parkyn look at recent developments in stamp duty in the Australian Capital Territory, New South Wales, Tasmania, Victoria, South Australia and the Northern Territory |
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In the first part of a two-part series on stamp duty changes across Australia, Partner Adrian Chek and Senior Associate Katrina Parkyn look at recent changes to stamp duty in Western Australia |
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The recent decision in Metlife Insurance Ltd v FCT suggests that the provision that permits the Federal Commissioner of Taxation to amend assessments at any time in respect of certain CGT events is considerably broader than was the case under the former capital gains tax regime. Partner Sarah Bernhardt and Senior Associate Melanie Baker discuss Metlife and its implications for taxpayers |
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A new Federal Court practice for tax appeals will impact on the way in which taxpayers deal with tax disputes. Partners Grant Cathro and Michael Quinlan and Senior Associate Chris Peadon discuss the new practice note and its implications for the conduct of an appeal and preparation during the objection and audit process. |
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The Australian Law Reform Commission has recommended enshrining in legislation protections against the Australian Tax Office accessing tax advice, and changing the scope of the protection afforded to tax advice provided by non-lawyers. Partner Malcolm Stephens, Senior Associate Chris Peadon and Lawyer Pouyan Afshar of our Tax Dispute Group report |
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We examine the latest chapter in a case involving workers exposed to traumatic events; New South Wales planning policy changes for housing for senior and disabled people; and recent Australian Taxation Office rulings regarding the GST and retirement villages |
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Martin Fry discusses recent income tax developments relating to the debt/equity classification of arrangements used by Australian corporate entities when raising funds from offshore. |
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The Tax Laws Amendment (2007 Measures No 5) Bill 2007 (Cth) was tabled in Federal Parliament today. Partner Charles Armitage outlines the significance of the Bill |
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On 21 June 2007, the Australian Taxation Office released a practice statement setting out its policies and guidelines when conducting litigation. Partner Paul Nicols and Senior Associate Chris Peadon, both from our Tax Dispute Group, discuss the practical implications for taxpayers who are, or may become involved, in a dispute with the Tax Office |
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Mortgage duty in New South Wales will be abolished sooner than forecast. Partner Adrian Chek reports |
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A recent report by the Inspector-General of Taxation identifies problems with the Australian Tax Office's objectivity and fairness in administering service entity arrangements, reiterates that the ATO has a reluctance to admit fault, and concludes that the ATO has sidestepped fundamental principles of good tax administration. Partner Paul Nicols and Senior Associate Chris Peadon discuss why these findings are of concern to all taxpayers |
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Legislation introduced today into Federal Parliament clarifies that the vast majority of syndicated loan facilities of at least $100 million that satisfy the public offer test will qualify for exemptions from interest withholding tax under sections 128F and 128FA of the Income Tax Assessment Act 1936 (Cth), without having to use a 'loan note' structure. Partner Diccon Loxton reports on the details of the Tax Laws Amendment (2007 Measures No. 3) Bill 2007 |
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In a draft class ruling issued to Hutchison Telecommunications (Australia) Limited on the tax treatment of rights issued under a proposed renounceable rights issue, the Australian Taxation Office proposes to adopt a position that has significant implications for the Australian capital market, with the potential to adversely affect the ability of listed entities to raise capital. Partner Victoria Poole reports |
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The Australian Taxation Office has issued a revised Code of Settlement Practice, which provides guidance to ATO staff on tax dispute settlements. Partners Michael Quinlan and Ross Stitt, and Senior Associate Malcolm Stephens examine the new Code |
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In this edition: Australian media and ownership law changes; The importance of being a financial product; Tax promoter penalty rules; and more ... |
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The Federal Government recently released the Inspector-General of Taxation's report into the Australian Taxation Office management of tax litigation. Partner Ross Stitt and Senior Associate Chris Peadon discuss the report's key findings, including that sometimes the ATO's over-emphasis on enforcement can compromise its objectivity and fairness in litigation, and the implications of the recommendations for corporate taxpayers |
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A bill recently passed by the NSW Parliament proposes to make significant changes to NSW mortgage duty with effect from 1 July 2006. These will broaden the scope of NSW mortgage duty until its eventual abolition on 1 January 2011. Partners Adrian Chek and Tony Sheehan report |
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The Petroleum Resource Rent Tax Assessment Amendment Bill 2006 (Cth) was introduced into the House of Representatives on 25 May 2006. The Bill is designed to implement changes to Australia's primary offshore petroleum taxation system, the Petroleum Resource Rent Tax. The changes are to take effect from July 1 2006. Senior Associate Darren Murphy and Lawyer Patricia Neurauter comment on the key aspects of the Bill |
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In this edition: Governance of corporate groups; Corporate social responsibility - new direction in directors' duties?; ASIC scrutiny of 'poison pills' and other entrenchment devices; and more ... |
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Martin Fry looks at topical issues affecting M&A transactions involving tax consolidated groups |
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We look at a number of recent developments that are relevant to the taxation of financing transactions. |
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Partners Martin Fry and Phillip Cornwell and Lawyer Natasha Tziokas examine proposed legislation that will amend tax laws to place a ceiling on the same business text, which will have adverse consequences for many project financings |
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Partner Martin Fry and Senior Associate Brad Schwarz discuss debt/equity distinctions contained in Division 974 of the Tax Act 1997 |
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The Hong Kong Government recently signed its second comprehensive agreement with Thailand for avoidance of double taxation. Partner Matthew Barnard and Lawyer Steven Cheng look at the potential tax benefits under the agreement |
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We look at a variety of tax issues associated with mergers and acquisitions: roll-over relief for employee share schemes; new loss recoupment rules; tax rulings on scrip for scrip rollover relief; and the recent decision in the Dick Smith Electronics case |
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Sarah Bernhardt examines key issues of the New International Tax Arrangements (Foreign Owned Branches and Other Measures) Bill 2005 that was introduced into the House of Representatives on 17 March 2005 |
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The Federal Court has accepted that the ability of a landlord to carry out a market rent review may result in the supply of premises ceasing to be GST-free under the GST transition rules, even though the rent may not increase as a result of the review. Special Counsel Jeff Tyler and Lawyer Peter Moran explain |
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